National Union Waterfront Workers (2001) 7
SCC 1 (hereafter „the SAIL case‟), the workmen would be entitled to
preference/regular employment in accordance therewith ... Government or the State
Government. Referring to the observations in the SAIL case, it is submitted
that since DIAL is not an entity that carries
further contended that the judgment of the Supreme Court in SAIL case, did not take away their rights. It was only held that the notification ... INDIA LTD. v. NATIONAL UNION WATERFRONT WORKERS (hereinafter called the SAIL case) though the Supreme Court held that the workers under the contract labour system
maintainability is, therefore, not sustainable, the case
being covered by the case of SAIL (supra).
19.It is true that the Air India case (supra ... softened the rough edges whilst the case of Dinanath was
completely overruled. In that scenario the case of SAIL (supra) held that
Air India case
Authority of India Ltd. v. Union of India & Ors.
[(Second SAIL Case) (2006(3) CLR 659)]:
"For the purpose of exercising jurisdiction under ... reconsideration. In view of what has been stated in second SAIL
case (supra) the High Court has to consider whether the stand
taken
inter-alia with the following
observations and directions given, in SAIL's case (supra):
"127. The order of the High Court at
Calcutta ... dispute purportedly in view of certain observations in
SAIL's case (supra). The High Court rejected the plea and as
noted above dismissed
said Act, which is illegal. As per the SAIL case cited supra, the petitioner
is neither be able to absorb the labourers working under ... decision of the Hon'ble Apex Court in SAIL case and that no industrial
adjudication has found that there should be abolition of contract
direct the Government to make a reference. In the present case, the Government is yet to make any decision. For this purpose, he relied upon ... Steel Authority of India Ltd. v. Union of India6 (Second SAIL case, CLR p.667, para 18)
For the purpose of exercising jurisdiction under Section
impact of the ratio of the Constitution Bench judgment in SAIL case on the unimplemented impugned award and the ratio of the Constitution Bench judgment ... background of these developments I haveto interpret the ratio of the SAIL case reported in (2001) 7 SCC 1. In paragraph 125 of this judgment
Authority of India Ltd. v.
Union of India & Ors. [(Second SAIL
Case) (2006(3) CLR 659)]:
"For the purpose of exercising
jurisdiction under ... Authority of India Ltd. v.
Union of India & Ors. [(Second SAIL
Case ) (2006(3) CLR 659)]:
"For the purpose of exercising
jurisdiction under
good law by laying down the ratio in the case of
SAIL at paragraph-125 and 126 which reads hereunder as:-
"125. The upshot ... hereunder [para 125 (5) of the judgment
rendered in the case of SAIL].
It further laid down the proposition at paragraph-126 that the
aforementioned
